News Investigators/ A prosecution witness in the trial of former Minister of Power and Steel, Olu Agunloye, on Monday, contradicted himself during cross-examination before a High Court of the Federal Capital Territory (FCT) in Apo, Abuja.
The witness, Iliya Iyakwari, is the 5th Prosecution Witness (PW5) in the ongoing trial over alleged infractions relating to the 6 billion dollars Mambilla Hydroelectric Power Project contract.
At the resumed hearing, defence counsel, Mr Adeola Adedipe, SAN, during cross examination, sought the leave of court to confront the witness with contents of a document tendered as an exhibit.
He said the exhibit was purportedly an extract of a Federal Executive Council (FEC) meeting.
Adedipe asked the witness to confirm the date he certified the said exhibit in June 2023.
The witness, however, told the court that there was no date in June 2023 and that he did not certify it in June 2023.
Adedipe then asked the witness if it means he had earlier lied to the court in his evidence-in-chief.
“So your evidence to this court that you certified it in June 2023 is not true?”
The Prosecuting Counsel, Mr Abba Mohammed, SAN, however, raised an objection to the question.
According to him, the question was anchored on exhibit PW5A, which had just been tendered by the defence.
He cited Section 36 of the 1999 Constitution saying if the question was allowed, it would amount to a breach of the witness’s right to fair hearing.
Responding, Adedipe argued that the witness was not a party to the proceedings and could not claim denial of fair hearing.
He said reliance on Section 36 of the Constitution was misplaced both in law and logic because the witness had no personal interest in the case.
Adedipe urged the court to discountenance the prosecution’s argument.
According to him, the defendant is entitled to cross-examine the witness to test the accuracy, veracity and credibility of his testimony.
Interestingly, he said the witness was a legal practitioner who knew that the stakes were very high.
” I rely on the record of my lord for today where I asked the witness if he certified the documents in 2023 for onward forwarding to Economic and Financial Crimes Commission, (EFCC) and he said yes.
” It was as a result of the affirmative response that I asked him to show the court the date he certified it in June 2023 and he said it was not there,’’ he said.
In a short ruling, Justice Onwuegbuzie overruled the prosecution’s objection and allowed the witness to answer the question.
When asked whether it was untrue that he certified the document in 2023, the witness answered in the affirmative.
The trial judge Justice Jude Onwuegbuzie thereafter adjourned the matter until Wednesday for continuation of trial.
It will be recalled that on June 1, while being led in evidence by the prosecuting counsel, Iyakwari said he was an Assistant Director (Legal) in the Federal Ministry of Justice.
He had also told the court that he was currently serving in the Federal Ministry of Power as an Assistant Legal Adviser.
He told the court that in June 2023, the EFCC sent a letter to the Ministry of Power requesting an extract of the Federal Executive Council meeting held on May 31, 2003.
According to him, the Permanent Secretary forwarded the request to the Legal Services Department for necessary action.
” The legal department wrote to the unit that had the information about the extract, then the extract was forwarded to us at the legal department”.
He said that his director and legal adviser directed him to certify copies of the extract and forward the Certified True Copies through an official letter to the EFCC chairman.
The witness was shown the documents and he confirmed that they were the same documents earlier referred to in his testimony.
The News Agency of Nigeria, (NAN) reports that Agunloye is being prosecuted by the EFCC on a seven- count amended charge.
The charges border on alleged disobedience of presidential directive, conspiracy, forgery and receiving gratification.
The EFCC alleged that in 2019, Agunloye received over N5 million from Leno Adesanya of Sunrise Power and Transmission Company Limited through one Jide Sotirin.
The commission alleged that the money was paid through Agunloye’s Guaranty Trust Bank account for conveying Federal Government approval for the Mambilla Hydroelectric Power Station project.
The anti-graft agency also alleged that Agunloye conspired with Adesanya to forge a letter titled, “Construction of 3,960MW Mambilla Hydroelectric Power Station on a build, operate and transfer basis”.
The defendant, however, pleaded not guilty to all the charges.
NAN